MOHIBUR RAHMAN Vs. STATE OF ASSAM

JUDGEMENT

(1.) By this common judgment Criminal Appeal No. 251 of 1996 and Criminal Appeal No. 130/1999 are proposed to be disposed of.

(2.) We have heard Mr. C. R. Dey and Shri J. M. Choudhury, learned Senior Counsel for the appellants and Shri D. Saikia, learned Public Prosecutor.

(3.) An information in writing was submitted to the Officer-in-Charge of Nalbari Police Station by Md. Badrul Ali, P.W. 3 to the effect that Md. Rahul Islam, since deceased, was missing from 24-1-1991. This information was filed on 5-2-1991. On the following day i.e. on 6-2-1991, an ejahar was filed before the said Police Officer by P.W. 3 informing that they came to know from some people that accused Md. Taijuddin Ahmed and Md. Mohibur Rahman along with some other persons killed Md. Rahul Islam with knife and buried the body in an unknown place in Malopara Village in the morning hours on 25-1-1991. The police, on completion of the investigation submitted charge sheet against Md. Taijuddin Ahmed, Md. Mohibur Rahman and five other persons under Section 302/201/34 IPC for causing death of Md. Rahul Islam and concealing the dead body.